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HomeMy WebLinkAboutOrd 15354 5 6 7 8 10 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CITY OF BURLINGAME 301 PRIMROSE ROAO BURLINGAME, GLIF.84010 ORDINANCE NO. 1535 PROVIDING FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows Section 1. Chapter 8.16 of the Burlingame Municipal Code is hereby amended to read as follows: "Chapter 8.16 Solid waste 8.16.010 Definitions. Whenever the following defined words and phrases are used in this chapter., they shall have the definitions or meanings estab- lished by this section, unless it is clearly apparent from the context in which the word or phrase appears that a different definition or meaning is intended. "Animal waste" means manure, fertilizer or any form of solid excrement produced by any and all forms of domestic or commercial animals. "Bottles and jars" means glass and plastic containers, including container glass covered by Section 14500 et seq. Of the Public Resources Code, and excluding household and kitchen containers such as drinking glasses, cups and cooking and serving dishes. "Cardboard" means post -consumer waste paper grade corrugated cardboard (#11), kraft (brown) paper bags or solid fiber boxes which have served their packaging purposes and are discarded and can later be reclaimed for collection and recovery for recycling. "Collection" means the scheduled pick up of solid waste but Ices not include the random picking up of loose litter from public 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CITYCOF BU RLINGAME 601 PRIMROSE ROAD BURLINGAME, CALIF 94010 places or places open to the public. "Composting" means the controlled biological decomposition of organic wastes that are source separated from the solid waste stream. Such organic wastes include vegetable, animal, yard and wood wastes which are not hazardous wastes. "Construction waste" means the rubble resulting from construc- tion, remodeling, repair and demolition activities on housing, commercial or governmental buildings and any other structure and pavement "Franch.isee" means any solid waste collector authorized by the city council pursuant to the procedures established in this chapter. "Garbage" includes, but is not restricted to, every accumula- tion of animal, vegetable or other matter: (1) Resulting from the preparation and consumption of edible foodstuffs; or (2) Resulting from decay or the storage of meats, fish, fowl, or vegetables, including the cans, containers or wrappers of such materials; or (3) Industrial, domestic and organic solid wastes or residue of animals sold for meat; or (4) Vegetable and animal matter from kitchens, dining rooms, markets, food establishments or any other place using, dealing in or handling meats, fish, fowl, vegetables or grains; or (5) offal, animal excreta or carcasses of animals, fish or fowl; or (6) Non -recyclable glass, paper or metal products. "Non-combustible rubbish" means ashes, bottles, broken crockery, glass, tin cans, metal and metallic substances which will 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JERO ME F. COLEMAN olrr nnoary ev CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CALJF.94DI0 not incinerate through contact with flames of ordinary temperature. "Owner or occupant" means and includes every owner of, every tenant or person who is in possession or an inhabitant of or has the care and control of a residential dwelling unit or a place of business located in the city. "Person" means any individual, form, corporation, association or group or any combination thereof acting as a unit. "Place of business" means any hotel, motel, trailer court, restaurant, cafeteria, market, hospital or any educational, professional, commercial or industrial establishment of any nature whatsoever where there is a generation of solid wastes. "Recyclable materials" or "recyclables" means materials that are recyclable and/or reusable, including paper, paperboard, chipboard, cardboard, plastic and glass jars and bottles, aluminum and tin and bi-metal cans. "Recycle" or "recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace. "Recycling operator' means a person or persons, firm, partnership, joint venture, association or corporation engaged in the collection and recycling of recyclable materials. "Residential dwelling unit" means each place used for residential dwelling purposes for a single family. A structure may nave one or more residential dwelling units. No place used primarily for business purposes shall be considered as a residen- tial dwelling unit. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN Ar ORNEY CIT' OF BURLINGAME 301 PRIMROSE ROAD BURLINGAME. CALIF. 94010 "Rubbish" includes, but is not restricted to, all nonrecyclab- le waste or debris such as paper, cardboard, tree or shrub trimmings, rugs, straw, clothing, wood or wood products, crockery, glass, rubber, metal, plastic, construction waste and debris and other similar materials. "Solid waste" means all putrescible and non-putrescible solid, semi-solid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construc- tion wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes and other discarded solid and semi-solid wastes. "Solid waste" does not include Hazardous Waste as defined in Section 40141 of the Public Resources Code. "Solid waste collector" means any person or persons, firm, partnership, joint venture, association or corporation engaged in the collection, transportation or disposal of solid waste generated in the city. "Solid waste disposal" includes the collecting, transporting and disposal of solid waste generated within the city. "Solid waste facility" means any recycling center, materials recovery facility, intermediate processing center, incineration facility or landfill where solid waste may be taken for immediate processing or final disposal. "Solid waste facility" includes a solid waste transfer or processing station and a composting, transformation or disposal facility. "Streets" means the public streets, alleys and right-of-ways as the same now or may hereafter exist within the city. "Segregate" means any of the following: the placement of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN ClT OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CALIF.94010 recyclables in separate containers; the binding of recyclable material separately from other waste material; the physical separation of recyclables from other waste material. "Wood wastes" means lumber and wood products but excludes painted wood, wood treated with chemicals and pressure -treated wood. "Yard wastes" means leaves, grass, weeds and wood materials from trees and shrubs. 8.16.020 Solid waste accumulations. (a) No person shall, for another, collect, remove or dispose of any solid waste within the city, nor transport the same over any public street or right-of-ways, unless a franchise to do so has first been obtained from the city; provided, that any person who collects, removes, or disposes of only recyclables shall only be required to obtain a city business license. (b) It is unlawful for any person to permit, allow or enter into any agreement whatsoever for the collection or transportation of solid waste or recyclable material with any person who does not possess a franchise or business license. (c) It is unlawful for any person to store or accumulate the following material for any length of time other than as follows: (1) garbage, in excess of that required by the San Mateo County Health Department or one week, whichever is less; (2) combustible or non-combustible rubbish or rubbish combined with recyclable material in excess of one week; or (3) recyclable materials, separated for collection, in excess of thirty (30) clays; (d) No person shall place or cause to be placed any solid waste generated upon any property or by any residential, commercial 5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN AI ORNEY CIW OF BURLINGAME SOI PRIMROSE ROAD BURLINGAME. CAUF.94OIO or industrial use into any container other than those owned or controlled by such person, unless permission for such use is granted by the commercial or residential customer owning or controlling the container. (e) It is unlawful for any person owning, occupying or having control of any premise to set out or cause to be set out for collection any solid waste other than that originating on the premises. (f) It is unlawful for any person to dispose of solid waste in or near litter or recycling containers placed by the city or any other agency in public places for incidental use by pedestrian or vehicular traffic, or in recycling containers or enclosures maintained by the city in commercial zones. (g) It is unlawful for any person to accumulate, keep or deposit solid waste in such a manner that a public nuisance is created, including, but not limited to, allowing flies, mosquitoes or rodents to breed therein. (h) Other than as herein set forth, it is unlawful for any person to dump, bury, burn, incinerate or otherwise dispose of or store or accumulate any garbage, combustible or non-combustible rubbish, miscellaneous debris or combined rubbish or solid waste on any private or public property within the city, provided, however, that leaves, grass clippings and the like may be composted. (i) No person shall cast, place, sweep or deposit any solid waste on any street, sidewalk, alley, sewer, storm drain, creek, parkway, or other public place or into any occupied premises within the city except in an appropriately designated solid waste container. j) No conunercial or residential customer owning, occupying or D 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN Cj Y OF BURLINGAME SOI PRIMROSE ROAD BURLINGAME, CALIF. 94010 having the control of any premises or vacant lot or any person occupying a dwelling within the city shall permit any solid waste to become or remain offensive, unsightly or unsafe to the public health or safety or to deposit, keep or accumulate or permit to cause any solid waste to be deposited, kept, or accumulated, upon any property, lot, or parcel of land or upon any public or private place, street, lane, alley or driveway, except as allowed in this chapter. 8,16,030 Exemptions. The following types of collection or transportation of solid waste are exempted from the requirements of this chapter: (a) Yard waste removed from a premises by a gardening, landscaping or tree trimming contractor having a city business license and as an incidental part of a total service offered by that contractor rather than as a disposal service, and tree trimmings, clippings and all similar materials generated at parks and other publicly maintained premises; (b) Demolition debris removed from a premises by a licensed contractor as an incidental part of a total service offered by that contractor rather than as a disposal service; (c) By-products of sewage treatment, including sludge, grit and screenings; (d) The collection of hazardous or dangerous waste as part of regular services, including, without limitation, liquid and dry caustics, acids, bio -hazardous, flammable or explosive materials, insecticides and similar substances; (e) Solid waste, recyclable materials and yard wastes which are generated at any residential dwelling unit or place of business and which are transported personally by the owner or occupant of r� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CITY ATTORNEY CITY OF BURLINGAME SOI PRIMROSE ROAD BURLINGAME, CALIF. 94010 such premises (or by his or her full-time employees) to a licensed solid waste or recycling facility in a manner consistent with this chapter and other applicable laws. (f) An exemption to the mandatory disposal requirements set forth hereinabove may be applied for under the condition that the individual or property owner shows proof of use of a city -approved solid waste collection alternative, including, but not limited to, on-site composting. Said exemptions may be approved by the city manager or the city manager's designee. 8.16.040 Obligations of customers. (a) Unless otherwise expressly excepted by this chapter, the owner, occupant or other person responsible for the day-to-day operation of all residential, commercial, or industrial properties in the city shall contract with a city franchisee for the removal and disposal of solid waste generated from the use of the property. (b) The franchisee is authorized to charge all customers a fee for the collection and transportation of solid waste, subject to the approval by the city council of the fee. Such fees may include charges for collection, landfills, recovery or recyclables, composting and may include the cost of preparing and implementing source reduction, recycling elements and integrated waste manage- ment plans (c) Solid waste shall be kept free of all hazardous materials and placed in a closed container unless other acceptable arrange- ments are made with the franchisee. (d) Containers shall be made of metal or plastic, if barrels, or plastic, if bags, and of sufficient strength to prevent them from being broken under ordinary conditions. (e) Containers shall be maintained in a clean, safe, sanitary, E 3 4 5 6 7 8 10 li 12 13 14 15 16 17 18 19 ra 21 22 23 24 25 26 JERO ME F. COLEMAN CITVOOF BURLINGAME 3PRIMROSE ROAD BURLINGAME, CALJF.94010 and water -tight condition. f) Garbage or other refuse containing water or other liquids shall be drained before being placed in a container. (h) Animal waste shall not be placed in container for regular collection and disposal, but shall be removed by the owner or occupant. (i) Unless provisions to prevent litter are otherwise provided, no person shall so fill any container with garbage or rubbish above the top of the container to such extent as to permit the contents of any container to be blown or otherwise strewn about. (j) Paper bags and cardboard containers shall not be used as containers for the disposal of garbage or rubbish but may be used for recyclables. (k) If rubbish either from residences or from places of business is of such a nature that it cannot be placed in a container, it shall be carefully placed beside the container in securely tied bundles not to exceed one cubic yard in size and weighing not more than fifty (50) pounds. Tree limbs, trunks, hedge cuttings, brush and lumber shall not exceed four feet in length. (1) Any containers placed for collection along a street, roadway, or alley shall be set out only on the day established for the collection on the particular route or after five -thirty (5:30) p.m. on the day immediately prior to such collection, and shall not remain thereon for more than eighteen (18) hours after it has been emptied. (m) Any container placed for collection along a street or roadway shall be placed between the curb line and the property line D 1 2 3 4 5 b 7 Ei I1� 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JERO ME F. COLEMAN CITVOOF BU RLINGAME 501 PRIMROSE ROAD BURLINGAME, CALIF.94010 as close to the curb line or edge of the street or roadway as practicable. (n) Any container placed for collection in any alley shall be placed as close to the property line as practicable. (o) No person, including a solid waste collector, shall place or cause to be placed any solid waste or solid waste container in anv public street or roadway without an encroachment permit from the city or in any place or in any manner inconsistent with the regulations of this chapter. (p) Each olnmer or occupant of a residential dwelling unit or place of business shall maintain supervision and surveillance over the solid waste containers on the premises and shall maintain the same in a sanitary condition. If the containers should not be emptied and the contents removed on the date and time scheduled by the franchisee, they should immediately notify the franchisee and it shall be the duty of the franchisee to, within twenty-four (24) hours thereafter, arrange for the collection and disposal of the solid waste. (q) Solid waste which exceeds the limitations hereinabove set forth may, in the discretion of the franchisee, be scheduled for special collection upon the application of the owner or occupant of the premises. Special collection charges may be assessed by the franchisee for this service. (r) No person, other than the owner thereof, owner's agents or employees or an officer or employee of the city or any person holding a franchise or license from the city for the collection or disposal of refuse or recyclables shall remove any materials set out for recycling collection or tamper or meddle with any solid waste or recycling container or the contents thereof, or remove the 10 5 6 7 8 9 10 11 12 13 14 15 i6 17 18 19 20 21 22 23 24 25 26 JERO ME F. COLEMAN CITY ATronry Er CITU OF BURLINGAME 501 PRIMROSE ROAO BURIJNGAME, CALIF 94010 contents of any such container, or remove any such container from the location where the same shall have been placed by the owner thereof or owner's agent. 8.16.050 Recyclable materials. (a) Recyclables placed at the curb of residential properties shall be separated from other solid waste in a manner approved by the city and shall be placed for collection in the container provided by the recycling operator for such material. (b) Recyclables placed at the curb of residential properties or placed for collection at other recycling locations for pick up by a franchisee or licensee shall become the property of the franchisee or licensee at the time of their placement in the recycling containers or otherwise set out for collection. 8.16.060 Special provisions regarding method of disposal. (a) Highly flammable or explosive or radioactive refuse shall not be placed in container for regular collection and disposal but shall be removed under the supervision of the Burlingame Fire Department at the expense of the owner or possessor of such material. (b) No battery acid, poisonous, caustic or toxic material or other substance capable of damaging clothing or causing injury to persons shall. be mixed or placed with any rubbish, garbage or other solid waste which is to be collected, removed or disposed of by the city's franchisee." Section 2. This ordinance shall be published as required by law. 11. `�:� Mayor 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JERO ME F. COLEMAN Arro RN Ev CITYOOF BU RLIN6AME 501 PRIMROSE ROAD RURLINGAME, CALIF.9A010 I, Judith A. Matti, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the - 6 th day of NOVEMBER 1 1995, and was adopted thereafter at a regular meeting of the City Council held on the 4th day of DECEMBER 1995, by the following vote: AYES: COUNCILMEMBERS: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSEINT: COUNCILMEMBERS: NONE al City Cl 12 CITY OF BURLINGAME SUMMARY OF ADOPTED ORDINANCE PROVIDING FOR COLLECTION AND DISPOSAL OF SOLID WASTE Pursuant to Government Code Section 36933 (c)(1) following is a summary of Ordinance No. 1535 adopted December 4 , 1995: Repeals existing ordinance concerning garbage and adopts new ordinance concerning solid waste, including definitions, requirements for collection and disposal of solid waste and recyclables, obligations of franchisees, licensees and customers, exemptions and violations. AYES: COUNCILMEMBERS: HARRISON, JANNEY, KNIGHT, O'f4AHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A certified copy of said adopted ordinance is available in the City Clerk's office, 501 Primrose Road, Burlingame, California. Dated: December 5, 199 r, Prepped by JER�)ME'F. COLEMAN, City Attorney CITY OF BURLINGAME SUMMARY OF PROPOSED ORDINANCE PROVIDING FOR COLLECTION AND DISPOSAL OF SOLID WASTE Pursuant to Government Code Section 36933(c)(1) the following is a summary of proposed Ordinance No. 1535 Repeals existing ordinance concerning garbage and adopts new ordinance concerning solid waste, including definitions, requirements for collection and disposal of solid waste and recyclables, obligations of franchisees, licensees and customers, exemptions and violations. Said ordinance was introduced on November 6 1995; a public hearing thereon will be held December 4 1995, at 7:30 p.m, at the City Council Chambers, Burlingame City Hall, 501 Primrose Road, Burlingame, California. A copy of said proposed ordinance is available in the City Clerk's office, 501 Primrose Road, Burlingame, California. Dated: IVovmeber 7, 1995 Prepared by JEROME F. COLEMAN City Attorney